ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2233
(By Delegates Douglas, Manuel, Faircloth, Doyle
and Evans)
[Passed March 10, 1995; in effect ninety days form passage.]
AN ACT to amend and reenact section eight, article twenty-a,
chapter nineteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to dogs and
cats being permitted to run at large, subject to any
quarantine established by the commissioner of agriculture;
subject to such ordinances or rules relating to the control
and management of dogs as may be promulgated by a county
commission or municipality, with limited exemptions for
hunting and farm dogs and dogs engaged in lawful training
activity.
Be it enacted by the Legislature of West Virginia:
That section eight, article twenty-a, chapter nineteen of
the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted to read as follows:
ARTICLE 20A. VACCINATION OF DOGS AND CATS FOR RABIES.
§19-20A-8. Vaccinated dogs and cats may run at large;
confinement may be required by the commissioner of
agriculture within the limits of any quarantine area or locality; and ordinances or rules may be promulgated by any
county commission or municipality relating to the control and
management of dogs within the county; providing
limited exemption
for hunting and farm dogs from county commission or municipality
action.
Dogs or cats vaccinated in compliance with the provisions of
this article may run at large in any area or locality:
Provided, That the commissioner of agriculture may, pursuant to
article nine of this chapter, exercise his discretion to
establish a quarantined area or locality and to require all dogs
and cats within the limits of any quarantined area or locality to
be confined as provided in article nine
: Provided, however,
That
a county commission or a municipality may adopt and enforce
ordinances not inconsistent with the provisions of article twenty
of this chapter of the code, as it considers necessary or
convenient for the control and management of all dogs in the
county, or a portion thereof, vaccinated or not, except as
further provided herein
: Provided further,
That any county
commission or municipality may not adopt any ordinance which
purports to keep any vaccinated dog from running at large while
engaged in any lawful hunting activity; from running at large
while engaged in any lawful training activity; or from running at
large while engaged in any lawful herding or other farm related
activity
: And provided further,
That the provisions of this
section shall not exempt any dog from any quarantine established
by or any confinement order required by the commissioner relating
to the establishment of a quarantine.